In practice, if a dispute case needs mediation, after the local mediator issues a mediation document, if he is not satisfied with the mediation result, he can generally apply for a retrial before the document is served. Because once both parties sign the mediation document, it will take effect. 1. A legally effective judgment, ruling or conciliation statement arising from the refusal to implement the conciliation statement after it takes effect is legally binding and the parties concerned must perform it. If one party refuses to perform, the other party may apply to the people's court for execution. If it still fails to perform after being notified, the people's court may take enforcement measures. In the process of compulsory execution, if the person subjected to execution refuses to execute, or even obstructs execution by means of violence or threats, the people's court may, in accordance with the provisions of Article 102 of the Civil Procedure Law and Article 157 of the Criminal Law, impose a fine or detention on him until he is sentenced to fixed-term imprisonment of not more than three years, criminal detention, fine or deprivation of political rights. (1) determining the validity of the civil legal relationship between the parties The conciliation statement of the people's court was delivered to the parties, indicating that the parties had gained a * * * understanding of the controversial civil legal relationship and obtained legal confirmation, and the original controversial legal relationship evolved into an uncontroversial legal relationship. The obligee shall exercise his rights and the obligor shall perform his obligations according to law, and the parties shall not dispute this legal relationship again. This is the effectiveness of court mediation in substantive law. (II) Effectiveness of Termination of Litigation Where the parties voluntarily reach a mediation agreement under the auspices of the people's court; The mediation book and mediation record made by the people's court according to the mediation agreement are the legal confirmation of the mediation agreement of the parties. Therefore, the conciliation statement made by the people's court is served to the parties. After the conciliation statement comes into effect according to law, the disputes over civil rights and interests between the parties have been finally resolved in law, and the parties may not bring a lawsuit to the people's court on the same facts and reasons. This is the effectiveness of court mediation in procedural law. After the conciliation statement and specific conciliation record come into effect according to law, their legal effect is the same as that of the court's effective judgment, and the parties lose the right of appeal. If the parties have objections to the court's conciliation statement or conciliation statement, they cannot appeal. The mediation agreement was reached by both parties through full consultation on a voluntary and legal basis, and both parties were allowed to go back on their word before the mediation book was delivered and the mediation record came into effect according to law. Therefore, there is no legal appeal of the parties to the effective mediation book and mediation record. (III) The mediation agreement on enforcement effect is reached voluntarily by both parties under the auspices of the people's court, and both parties can consciously perform it under normal circumstances. However, in judicial practice, some parties refused to perform the obligations stipulated in the mediation agreement, so there were enforcement problems. According to the law, the mediation agreement contains payment, and if one party fails to perform the prescribed obligations, the other party has the right to apply to the people's court for compulsory execution. Three. Contents of conciliation statement 1. The following items should be explained in turn at the beginning: (1) title and number. The title should be "Mediation" and the document number should be indicated in the lower right corner. (2) The column of the applicant shall indicate the name, title and address of the applicant; If there is an agent, indicate the name, unit and address of the agent. (three) in the column of the respondent, indicate the name, name and address of the respondent; If there is an agent, the name, unit and address of the agent shall be stated. 2. In the text, the following items shall be stated in turn: (1) Contracts and disputes between the parties, as well as arbitration or mediation requirements of both parties. (II) Selection of arbitrators, their work and results, that is, "XX Arbitration Commission accepts cases according to the arbitration clause in the contract and forms an arbitration tribunal, with XXX as the chief arbitrator and XXX and XXX as arbitrators, (or forms an arbitration tribunal with XXX as the sole arbitrator). With the consent of both parties, the arbitration tribunal conducted pre-trial mediation. By finding out the facts and distinguishing right from wrong, the two sides reached a mediation agreement voluntarily. (three) the contents of the mediation agreement reached by both parties to the dispute. (four) the amount of mediation costs. 3. Tail, in turn; (a) the number of copies of the mediation and their sharing; (two) the signature of the arbitrator and the secretary, and the seal of the Arbitration Commission; (3) the date and place of making the conciliation statement. After the conciliation statement is executed, if one party fails to execute it, the other party may apply to the court for execution. If you still don't execute, you can take enforcement or have serious resistance to execution, ranging from fines to imprisonment.
Legal objectivity:
People's Republic of China (PRC) Civil Procedure Law
Article 243
A legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.